The May 28, 2008 rating decision denying service connection for cervical spine spondylosis is revised to grant it due to the clear and unmistakable error in not considering a current diagnosis of arthritis.
The deciding factor: The May 2008 VA examination report clearly reflected a current diagnosis of cervical spine arthritis, which manifested within one year of separation from active service.
- Claimed conditions
- Cervical spine spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 17, 2024
- Citation
- A24057179
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A24057179.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for cervical spine spondylosis, superimposed upon mild congenital stenosis, with associated right upper extremity radiculopathy. The Veteran's lay statements and medical literature support the conclusion that his current condition is related to parachute jumps during active military service.
- Denied
The Board denied the Veteran's claims for higher ratings for her cervical spine spondylosis and thoracolumbar spondylosis, finding that the evidence did not meet the criteria for a rating higher than 20 percent.
- Denied
The Veteran's cervical spine disability was rated at 10% prior to October 13, 2016. The Board denied an increased rating for this condition. A separate 20% rating was granted for moderate left knee instability effective February 6, 2008.
- Granted
The Board has granted service connection for degenerative arthritis of the thoracolumbar spine, cervical spine spondylosis, right hand osteoarthritis, and left hand osteoarthritis based on chronic disease presumptive service connection due to symptoms that had their onset during service and have been continuous since service separation.
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